Agreement to Sell -- Vendor Under Condition of Non-Alienation for Twenty Years Under Gift Deed -- Agreement not itself transfer, enforceable on perfection of title by efflux of time
(i) Agreement to Sell -- Mere Execution Not a Transfer -- Mere execution of an agreement to sell does not amount to transfer of the property. (ii) Agreement to Sell, Transfer of Property Act, 1882, S.43 -- Vendor Under Condition of Non-Alienation Imposed by Gift Deed -- Where the suit property was gifted by a Gram Panchayat to the predecessor in interest of the defendants with a condition against alienation for twenty years, the vendor becomes eligible to transfer the property upon expiry of that period. Even where the vendor is held ineligible to transfer on the date of execution of the agreement to sell on account of the subsisting condition, the vendee can enforce the contract of transfer under Section 43 of the Transfer of Property Act once the title of the vendor stands perfected by efflux of time.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
